Vinod Singh @ Binod Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6006 of 2020 Arising Out of PS. Case No.-74 Year-2019 Thana- AKBARNAGAR District- Bhagalpur ====================================================== 1.

VINOD SINGH @ BINOD SINGH Son of Vachneshwar Prasad Singh @ Bachneshwar Prasad Singh Resident of Village-Khairahiya, (Kherahiya), P.S.-Akbarnagar, District-Bhagalpur.

2.

Munna Singh Son of Vachneshwar Prasad Singh @ Bachneshwar Prasad Singh Resident of Village-Khairahiya, (Kherahiya), P.S.-Akbarnagar, District-Bhagalpur.

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ashutosh Kumar,Adv For the Opposite Party/s :

Mr.Arun Kumar Singh,APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 28-02-2020 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners apprehend their arrest for the offences alleged under Sections 341, 323, 354, 504, 506, 379, 385, 34 IPC and Section 27 of the Arms Act registered in connection with Akbarnagar P.S. Case No. 74/2019.

3. It is submitted that the petitioners have been falsely implicated in the backdrop of civil land dispute between the parties. The petitioner no. 1 had earlier instituted Akbarnagar P.S. Case No. 73 of 2019 against the informant and her family members and the present case has been filed in retaliation thereof. No injury report has been attached to corroborate the accusation of assault. The accusation under the Arms Act is not specific against the petitioners. The allegation under Section 379 and 354 IPC are mere embellishment. The petitioners claim clean antecedents.

4. Be that as it may, in the event of the petitioners' arrest or surrender before the court below within six weeks from the date of

Patna High Court CR. MISC. No.6006 of 2020(2) dt.28-02-2020 2/2 communication of this order, let the above named petitioners' be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of like amount each to the satisfaction of learned ACJM Ist, Bhagalpur, in connection with Akbarnagar P.S. Case No. 74/2019. subject to the conditions as laid down under Section 438

(2) Cr.P.C. and also subject to the following further conditions: i. That one of the bailors shall be a close relative of the petitioners. ii. That the petitioners shall not indulge in any similar offence till conclusion of the trial.

iii. That the petitioners shall co-operate with the investigation, if not already concluded, and make themselves available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail.

iv. The petitioners shall remain physically present in Court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, their bail bonds shall be liable to be cancelled by the learned Court concerned. (Vikash Jain, J) Chandran/- U T